Kim Blackburn, the Plaintiff, rented a bounce house from the Defendant Super Fun Co., as entertainment for her son’s birthday party. Dan Farmer, an employee of the Defendant, installed the bounce house in the backyard of the Blackburn’s home the morning of the party. During the installation, Farmer was in a hurry and forgot to place stakes and ties, which would secure the bounce house to the ground. During the party, a strong wind lifted the bounce house, as well as its occupants, 50+ feet in the air. Upon its descent, the bounce house slammed into the Plaintiff’s home causing damage to her roof and injuring her son, Sam. Both Kim and Sam Blackburn brought suit against Super and Farmer for negligence seeking damages for the home’s roof and Sam’s injuries. Super Fun Co. claims Kim Blackburn is contributorily negligent for the severity of Sam’s injuries. Kim used Great Glue to close a laceration to Sam’s eyebrow but accidentally dripped glue into Sam’s eye causing partial blindness. To what extent is Super Fun Co. liable to Kim Blackburn for the damage to her roof due to the negligence of Dan Farmer? To what extent is Super Fun Co. liable to Sam Blackburn for the injuries to his eye? Suppose that Super Fun Co.’s insurance pays both Sam and Kim’s claims does Super Fun Co. have standing to bring an action against Dan Farmer? If so, what type of claim and on what legal basis? 4. What are the business lessons that may be learned from this scenario?
Kim Blackburn, the Plaintiff, rented a bounce house from the Defendant Super Fun Co., as entertainment for her son’s birthday party. Dan Farmer, an employee of the Defendant, installed the bounce house in the backyard of the Blackburn’s home the morning of the party. During the installation, Farmer was in a hurry and forgot to place stakes and ties, which would secure the bounce house to the ground. During the party, a strong wind lifted the bounce house, as well as its occupants, 50+ feet in the air. Upon its descent, the bounce house slammed into the Plaintiff’s home causing damage to her roof and injuring her son, Sam. Both Kim and Sam Blackburn brought suit against Super and Farmer for negligence seeking damages for the home’s roof and Sam’s injuries. Super Fun Co. claims Kim Blackburn is contributorily negligent for the severity of Sam’s injuries. Kim used Great Glue to close a laceration to Sam’s eyebrow but accidentally dripped glue into Sam’s eye causing partial blindness.
- To what extent is Super Fun Co. liable to Kim Blackburn for the damage to her roof due to the negligence of Dan Farmer?
- To what extent is Super Fun Co. liable to Sam Blackburn for the injuries to his eye?
- Suppose that Super Fun Co.’s insurance pays both Sam and Kim’s claims does Super Fun Co. have standing to bring an action against Dan Farmer? If so, what type of claim and on what legal basis?
4. What are the business lessons that may be learned from this scenario?
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